Legal Question in Real Estate Law in California

In 2010, my father signed over ownership of his home to my brother (single) and sister (married) to ensure they would have a roof over their heads after he was gone. My brother has lived with my father all his life and my sister and her husband moved into the subject home about 20 years ago. My sister has two adult boys, one living in the subject home. My father passed in 2011. Now my sister is gravely ill with cancer. If and when she passes, does her husband have any legal right to her 50% of the property? She has no will.


Asked on 7/26/16, 10:41 am

2 Answers from Attorneys

Absolutely yes he does. Exactly what interest and to what extent is subject to a lot of fairly complex rules and would depend on a lot of detail about what has happened in the last 6 years as far as the sources of funds used to handle the costs of those years of home ownership, and possibly before. Most likely there is some community property interest that has developed, and he is entitled to 100% of whatever interest that creates. To the extent the remaining 50% has remained her separate property, in the absence of a will that 50%, less any community property interest to the husband, would be divided equally among the two sons and husband, 1/3 each. Whether there is any community property interest, if so, what it is as % and/or $, and exactly how title is held will all affect the final division, however, and cannot be determined in an internet Q&A forum like this. The only thing that is certain is that whatever portion remains her separate property would be divided in thirds to the husband and two sons.

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Answered on 7/26/16, 10:53 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The basic law is Section 6401 of the Probate Code; it provides a fairly clear and simple set of rules. It may also be of importance to know how title was held, i.e. was ownership of their 50% given to them as community property, her separate property, or some other way?

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Answered on 7/26/16, 11:01 am


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